The Enforcement of Intellectual Property Rights in Digital Environment Based on ACTA

Abstract

The most essential feature of Right in Law's domain is the appropriate enforcement of that and prohibition of third party infringement due to applying proper actions toward the right. The appropriate enforcement of the intellectual property rights since its existence either nationally or internationally- has been one of the most crucial concerns of the legislators and juristic. The intellectual property rights in physical environment did not mainly concern with its true enforcement, but by the advent of internet and the wide speared e-commerce and the simplicity of rights infringement through internet, right holders face with the new challenge has not proposed yet. Due to complexity of intellectual property in cyberspace, discussing the enforcement of it is complex too, so as TRIPS agreement has not been successful to provide an effective enforcement in this field. ACTA agreement- assigned by 8 like- minded countries in October 2011- in a particular section refers to the enforcement of the intellectual property rights in digital environment in order to provide efficient solutions against right infringement. The present article tries to study the enforcement of the intellectual property rights in cyberspace focusing on the recent agreement.

DOI: 10.5901/mjss.2013.v4n11p615